Tshepo Ricki Kgositau, transgender
woman was suing Botswana government for refusing to legally recognize her as
female in a case that could force a conservative society to address the rights
of the gay, lesbian and transgender community.
Tshepo Ricki Kgositau, the executive
director of South African-based Gender Dynamix, an organization that advocates
for human rights of transgender and gender diverse people, said she has since a
very early age identified as a woman.
The case was due to be heard on
Friday 4th August but was postponed to December.
In court papers, Kgositau asked the
High Court to change the gender marker on her identity document from ‘male’ to
‘female’.
She said that the incorrect
reflection of her gender on her identity document was causing her emotional
distress and increased her vulnerability to abuse and violence.
The application included supporting
evidence from her mother, siblings and relatives, as well as psychological and
medical evidence to the effect that her “innate gender identity is, and has
since an early age, always been female and that her family has embraced her and
loved her as a woman”.
A conservative nation of 2 million
people, Botswana has been reluctant to fully acknowledge the rights of the LGBT
community.
After a seemingly endless battle,
patience paid off as Tshepo Ricki Kgositau won her case against the state as
Attorney General represented by Otlaadisa Kwape withdrew their opposition in
this land mark transgender case, after the government had refused to
change her identity card (ID) marker from male to female. The case was before
Justice Leatile Dambe yesterday (12 December 2017).
Withdrawal of opposition has been
granted and register of births and deaths ordered to recognise Kgositau as
female within 7days.
Furthermore the court ordered that
she be issued a new identity card indicating her gender marker as female
within 21days. All at the expenses of the Attoney General.
Lesego Nchunga was the one
representing Kgositau in this case. It was a day of victory for her and the
judge wished her good luck in the future.
This is also a victory for Rainbow
identity Association as it sets precedence for the Trans community. Now that
the court recognizes the transgender community we believe that everyone will
have the identity card that reflects their true gender. The battle for the
Trans community is far from being over despite this victory. There is need for
general public sensetisation. It’s is our belief as the organization that the registrar
of Birth and Death will comply with the court order and the minister of Labour
and Home Affairs Mr Edwin Batshu will advocate for amendment of the Birth and
Death Act to recognize gender mark for transgender persons.
For
more information contact
Urbenia
Kgware
Media
Officer
3905493
Email
Skipper
Mogapi
Director
3905493/72595878
Email
skippermo@gmail.com
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